Tag Archives: settlement

In 2013, Audemio Orozco-Ramirez with the passenger in a traffic stop in Jefferson County, Montana. At that time, he had been living in the United States approximately 16 years. Orozco-Ramirez was born in Michoacan, Mexico. He has no criminal record, but the officer of the Jefferson County Sheriff’s department who stopped the car he was riding in suspected that he was in the country illegally, in part because he did not speak English. Orozco-Ramirez was arrested on a civil immigration violation and placed in a county jail sell with nine other men.

During a period of time that went missing from the jail’s otherwise continuous surveillance footage, a number of these men held down Orozco-Ramirez and raped him. In December, Jefferson County settled a federal lawsuit filed by Orozco-Ramirez for $125,000 without admitting that he was assaulted or it was liable. Since then, he has lived and worked outside Billings, checking in with Immigrations and Customs Enforcement agents on a monthly basis. During his last check-in, he was arrested and scheduled for deportation.

An appeals court judge has issued a stay against that decision pending a hearing. The feds frequently issue “U visas” to foreign nationals who are the victims of crimes and have aided authorities in their investigations, but in settling Orozco-Ramirez’s lawsuit, Jefferson County did not admit he was a victim of a crime. Legally, we can deport him. The question of whether we can do so ethically is more complicated.

Except for crossing the border illegally 20 years ago, Orozco-Ramirez has participated in the social contract. Our state and federal governments, on the other hand, have betrayed him multiple times. For example, there was the time we investigated him for civil violations as the passenger in a traffic stop. That doesn’t happen to Americans who enjoy constitutional rights. There was also the time we locked him in a cell full of rapists, also for a civil violation, and stopped watching what happened. Then there was the time we made a deal with him to forget about the rape thing and then picked him up for deportation while he was upholding his end of the bargain.

No American would agree that is the right way for a government to treat the people it governs. Yet because Orozco-Ramirez is not a citizen but merely a person who has lived here for the last 20 years, anything we do to him is fine. That’s a peculiar moral calculus, and you can read all about in this week’s column for the Missoula Independent. We’ll be back tomorrow with Friday links!

Adam Liptak at the New York Times alerts us to a possible Supreme Court review of the settlement in Lane v. Facebook, a class-action suit alleging that Facebook violated users’ privacy with the Beacon feature. The Beacon feature, now discontinued, automatically posted video rentals and purchases to users’ feeds in a feature that could never have angered them in any foreseeable way. That’s not important now. What’s important is that plaintiffs’ lawyers in Lane v. Facebook negotiated a settlement in which members of the class got nothing, Facebook had to give $6.5 million to a new charitable foundation it would partly control, and plaintiffs’ lawyers got $2.3 million. Measured outrage after the jump.

Possibly as an aftereffect of his symbiosis with the Beard of Reason, federal district court judge Jed Rakoff has blocked a settlement between the SEC and Citibank on the grounds that he has no way of determining whether the agreement was “fair, reasonable, adequate and in the public interest.” The answers to his questions are define “fair,” not really and nope. At issue in the case is whether the banking giant committed fraud when it assembled a $1 billion mortgage fund from high-risk loans that it then sold to clients, even as it shorted* the fund in its own investments. The SEC alleges that Citibank failed to inform investors that the mortgages in the fund had been deliberately selected to fail. As it often does, the federal enforcement agency agreed to let Citibank settle the case without admitting or denying any fault. Judge Rakoff, however, does not play that.